Protection of Vulnerable Groups (Scotland) Act 2007

The Scheme S

44 The Scheme S

Ministers are to administer a scheme (“the Scheme”) under which information about individuals who do, or wish to do, regulated work with children or protected adults is—

(a) collated, and

(b) disclosed,

in accordance with this Part.

Modifications etc. (not altering text)

C1 Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 22

C2 Pt. 2 modified (28.2.2011) by The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010 (S.I. 2010/2660), arts. 1, 21

Commencement Information

I1 S. 44 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a) (with art. 4)

45 Participation in Scheme S

(1) An individual may apply to Ministers to join the Scheme in relation to—

(a) regulated work with children,

(b) regulated work with adults, or

(c) both types of regulated work.

(2) Ministers must allow an individual to be a member of the Scheme (a “scheme member”) in relation to a type of regulated work if the individual is not barred from doing that work.

Commencement Information

I2 S. 45 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)

[F1 45C Individuals must be scheme members to carry out regulated roles S

(1) It is an offence for an individual to carry out, or to agree to carry out, any type of regulated role unless the individual participates in the Scheme in relation to that type of regulated role.

(2) For the purposes of subsection (1), an individual is not to be treated as having agreed to carry out a regulated role if the individual's agreement is subject to the individual's participating in the Scheme in relation to that type of role.

(3) It is a defence for an individual charged with an offence under subsection (1)—

(a) to prove that the individual did not know, and could not reasonably be expected to have known, that the role concerned was a regulated role, and

(b) where the individual participated in the Scheme in relation to the type of regulated role concerned and the individual's membership of the Scheme in relation to that type of regulated role was not renewed, to prove that the individual did not know, and could not reasonably be expected to have known, that the individual's membership of the Scheme had not been renewed.

(4) Subsection (1) does not apply to an individual who is—

(a) barred from the type of regulated role concerned (but see section 34),

(b) aged under 16.]

Textual Amendments

F1 Ss. 45C-45G inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

[F1 45D Organisations not to use individuals for regulated roles without confirming scheme membership S

(1) It is an offence for an organisation to offer any type of regulated role to an individual unless the organisation has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

(2) For the purposes of subsection (1), an organisation is not to be treated as having offered a regulated role to an individual if the offer is subject to the organisation receiving a Level 2 disclosure as mentioned in subsection (1).

(3) Subsection (1) does not apply in relation to an individual who is—

(a) barred from the type of regulated role concerned (but see section 35),

(b) aged under 16.]

Textual Amendments

F1 Ss. 45C-45G inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

[F1 45E Power to require organisations to stop using individuals for regulated roles without scheme membership S

(1) Ministers may by regulations—

(a) prohibit an organisation from permitting an individual to carry out a regulated role,

(b) require an organisation to remove an individual from a regulated role,

where the individual does not participate in the Scheme in relation to that type of regulated role.

(2) Regulations under subsection (1) may in particular—

(a) impose prohibitions or requirements—

(i) in relation to particular types of organisations,

(ii) in relation to particular kinds of regulated roles,

(b) otherwise limit the purposes for which the prohibition or requirement is to apply (or the area in which it is to apply) in such manner as Ministers think appropriate.

(3) An organisation which fails to comply with regulations made under subsection (1) commits an offence.

(4) It is a defence for an organisation charged with an offence under subsection (3) to prove that it did not know, and could not reasonably be expected to have known, that the individual does not participate in the Scheme in relation to that type of regulated role.]

Textual Amendments

F1 Ss. 45C-45G inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

[F1 45F Personnel suppliers not to supply individuals for regulated roles without confirming scheme membership S

(1) Subsection (2) applies where a personnel supplier knows or has reason to believe that an organisation will make arrangements for an individual to carry out a type of regulated role.

(2) Where this subsection applies, it is an offence for the personnel supplier to offer or supply the individual to the organisation in relation to that type of regulated role unless the personnel supplier has received a Level 2 disclosure in pursuance of a request under section 18(1)(a) of the Disclosure (Scotland) Act 2020 containing a statement confirming that the individual participates in the Scheme in relation to that type of regulated role.

(3) Subsection (2) does not apply in relation to an individual who is—

(a) barred from the type of regulated role concerned (but see section 36),

(b) aged under 16.]

Textual Amendments

F1 Ss. 45C-45G inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

[F1 45G Penalties for offences relating to regulated roles by individuals not in Scheme S

A person who commits an offence under section 45C, 45D, 45E or 45F is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).]

Textual Amendments

F1 Ss. 45C-45G inserted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 73(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

46 [F2 Statement of scheme membership] [F2 Confirmation of scheme membership] S

[F2 (1) Ministers must disclose a statement of scheme membership to each scheme member.

(2) A statement of scheme membership is a document which—

(a) sets out the type of regulated work in relation to which an individual participates in the Scheme,

(b) confirms that the individual is not barred from doing that work,

(c) if Ministers are considering whether to list the individual in relation to that type of work, says so, and

(d) contains such other information about the individual as may be prescribed.

(3) Ministers need not comply with subsection (1) where—

(a) the individual makes a disclosure request at the same time as the individual applies to join the Scheme, F3 ...

F3 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F2 (1) Ministers must provide a confirmation of scheme membership to each scheme member.

(2) A confirmation of scheme membership is a document which—

(a) specifies the type of regulated role in relation to which the scheme member participates in the Scheme,

(b) confirms that the scheme member is not barred from that type of role,

(c) if Ministers are considering whether to list the member in relation to that type of role—

(i) states that fact, and

(ii) sets out details of any conditions that Ministers have imposed under section 13A(1) or, if no such conditions have been imposed, states that fact, and

(d) contains such other information about the scheme member as may be prescribed.

(3) Ministers need not comply with subsection (1) where, at the same time as the individual applies to join the scheme, the individual makes an application under section 11 of the Disclosure (Scotland) Act 2020 for a Level 2 disclosure where section 17 of that Act applies.]

Textual Amendments

F2 S. 46 substituted (30.9.2024 for specified purposes) by Disclosure (Scotland) Act 2020 (asp 13), ss. 86(2), 97 (with s. 96); S.S.I. 2024/242, reg. 2, sch.

F3 S. 46(3)(b) and word repealed (8.2.2016) by The Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423), arts. 1(2), 4(2) (with arts. 5-10)

Commencement Information

I3 S. 46 in force at 28.2.2011 by S.S.I. 2011/157, art. 2(a)